Inactive Total Small Business Set-Aside (FAR 19.5)

FAC 2021-01 EFFECTIVE 01 OCTOBER 2020 Date: 11/13/2020 Year: 2020 Contracting Office Zip Code: 27909-5001 Classification Code: 16 - Aircraft Components & Accessories Contracting Office Address: USCG, ... FAC 2021-01 EFFECTIVE 01 OCTOBER 2020 Date: 11/13/2020 Year: 2020 Contracting Office Zip Code: 27909-5001 Classification Code: 16 - Aircraft Components & Accessories Contracting Office Address: USCG, ALC, MRS, Elizabeth City, NC 27909-5001 Subject: Aircraft Parts and Accessories Proposed Solicitation Number: 70Z03821QL0000030 Closing Response Date: 11/23/2020, TIME 4:00 PM EST Primary Point of Contact: Denise Coley Contract Award and Solicitation Number: To be assigned at time of award 70Z03821QL0000030 Contract Line Item Number(s): Description: Aircraft Parts and Accessories Set-aside Status: TOTAL SBSA This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This Request for Quote (RFQ) 70Z03821QL0000030 incorporates provisions and clauses in effect through Federal Acquisition Circular OCT 2020. The applicable North American Industry Classification Standard (NAICS) Code is 336413. The small business size standard is 1,250 employees. This requirement consists of the following spare parts utilized on the HC144 USCG aircraft. All or none. NSN: 1610-01-HS2-0089, BULKHEAD AND RINGS, P/N 794349-4, QTY 3 EA: MFGCD: 73030 NSN: 1610-01-HS2-4515, HUB AIRCRAFT PROPEL, P/N 814721-2, QTY 2 EA: MFGCD: 73030 VENDORS MUST HAVE THE FOLLOWING INFORMATION! EXACT PART NUMBER ONLY!!! MUST STATE FOB ORIGIN OR DESTINATION!!! MUST STATE FACTORY NEW AND TRACEABLE TO THE OEM. Offerors should include the following: 1. NSN 2. Part number 3. Nomenclature 4. Unit Price 5. Extended Price 6. Discounts (prices shall include quantity discounts, if applicable) 7. Delivery Time 8. Warranty (if applicable) 9. FOB Point 10. Cage Code 11. Business Size 12. Minority Classification (if applicable) The United States Coast Guard (USCG) anticipates award of a Firm-Fixed Price Purchase Order to the Original Equipment Manufacturer (OEM), or a distributor that can provide documented traceability for the components. The United States Coast Guard (USCG) anticipates award of a Firm-Fixed Price Purchase Order to the Original Equipment Manufacturer (OEM), or a distributor that can provide documented traceability for the components. Award will be made to the offeror quoting the lowest price technically acceptable to the USCG. All responsible sources may submit a quote which shall be considered by the USCG. Only new items are acceptable. Reconditioned or used items are not acceptable. Offerors must be able to provide necessary certification including traceability to the OEM and provide a Certificate of Conformance (COC) to ensure parts are in airworthy condition, suitable for installation on USCG aircraft. Prospective vendors who are not the OEM must provide traceability for the materials. Traceability means a clear, complete, documented, auditable paper trail which traces each step from an OEM or distributor to its current location. Required delivery schedule is 120 DAYS or less after receipt of order. The offerors shall propose a delivery schedule. All requests for time extension shall be in writing and shall include substantiation of the need for such time extension in accordance with FAR 52.212-4 (f), Excusable delays. If nonperformance is not covered by an excusable delay, the Contractor and the Contracting Officer shall negotiate consideration for the approval of the extended delivery date at which time a modification will be issued to reflect the consideration and extension. Drawings or specifications are not available and cannot be furnished by the Government. F.O.B. Destination is requested as the FOB point for Deliverables. Quotes submitted offering F.O.B. Origin should include estimated shipping charges to the USCG. Partial and early deliveries are acceptable if at no additional cost to the USCG. The offeror shall furnish a Certificate of Conformance (COC) in accordance with FAR clause 52.246-15. Certificate of Conformance must be submitted in the format specified in the clause. Packaging, Marking and Preservation The offeror shall comply with ASTM D3951-10 (August 01, 2011), Standard Practice for Commercial Packaging. Packaging, packing, and preservation shall be in accordance with best commercial practices to enable shipment to destination and transshipment to USCG units without repackaging or incurring damage during shipment and handling. Items shall be individually packaged and labeled. Packaging material shall not consist of the following: popcorn, shredded paper, Styrofoam of any type, or peanut packaging. The internal packaging material shall be sufficient to prevent damage during shipment, handling, and storage. Preservation protection must be sufficient to prevent corrosion, deterioration, or decay during warehouse storage. Also, The Forms should be "attached to or included with the part and a copy placed on the outside of the shipping container". Packing Slip At the time of delivery of supplies, the offeror shall furnish the Government a completed packing slip. Labeling shall include the National Stock Number, Part Number, Serial Number, Nomenclature, Quantity, Contract Line Item Number, and Contract Number. Labeling data shall be attached to the outside of the shipping container. Bar coding is not required. Certificate of Conformance (COC) shall be placed on the outside of individual containers. Shipping Instructions Items shall be shipped to the following address: USCG Aviation Logistics Center Receiving Section, Bldg. 63 Elizabeth City, NC 27909-5001 Mark For: Purchase Order No. ____________________________ (To be assigned at time of award) 52.212-1 Instructions to Offerors - Commercial Items (JUN 2020) Consistent with FAR Provision 52.212-1: (c) Period for acceptance of offers. Prices must remain effective for 90 days after closing of solicitation. (h) Multiple awards. The Government reserves the right to make more than one award (multiple awards) for different line items, if, after considering the additional administrative cost to the Government of awarding and administering separate contracts, it is determined that the multiple awards will result in the lowest overall cost to the Government. For purposes of evaluating the cost of making multiple awards, it is assumed that the administrative cost of awarding and administering a contract is $500. 52.212-2 Evaluation-Commercial Items (OCT 2014) Quotes will be evaluated and contract awarded to the lowest priced technically acceptable quote. Technically Acceptable: Quotes must be for new manufactured commercial items from sources able to provide a Certificate of Conformance (COC) or traceability to the aircraft OEM. Only exact part numbers and no substitutes will be acceptable. Only the lowest priced offer will be evaluated for Technical Acceptability. Should the lowest priced offer not receive an acceptable technical or past performance rating, the process will continue in order of lowest priced offer until the lowest priced, technically acceptable offer with acceptable or neutral past performance is identified. 52.212-3 Offeror Representations and Certification – Commercial Items (AUG 2020) An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically via http://www.acquisition.gov . If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) of this provision. 52.212-4 Commercial Terms and Conditions – Commercial Items (OCT 2018) with the following included by Addendum: (a) Inspection/Acceptance. Inspection and acceptance of items under this contract shall be performed at destination by USCG, Aviation Logistics Center (ALC) Receiving section personnel and consist of count and condition only. Certificate of Conformance (COC) shall be required for all items provided on this contract. (g) Invoice. The original contractor invoice shall be submitted to the designated billing office address stated below or emailed to the email address below. Submitting invoices for payment electronically is the preferred method. FAR 52.246-15 Certificate of Conformance Apr 1984 FAR 52.252-2 Clauses Incorporated by Reference Feb 1998 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address https://www.acquisition.gov/far. https://www.acquisition.gov/far/index.html. FAR 52.204-7 System for Award Management Oct 2018 FAR 52.204-13 Service Contract Reporting Requirements Oct 2016 FAR 52.204-16 Commercial and Government Entity Code Reporting Aug 2020 FAR 52.204-18 Commercial and Government Entity Code Maintenance Aug 2020 FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems Jun 2016 FAR 52.252-6 Authorized Deviations in Clauses Apr 1984 FAR 52.225-8 Duty Free Entry Oct 2010 FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors Aug 2020 FAR 52.247-34 F.O.B. Destination Nov 1991 FAR 52.247-29 F.O.B. Origin Feb 2006 Reimbursable Transportation for FOB Origin, Freight Prepaid Orders For material that is to be delivered f.o.b. supplier’s plant, shipment to destination(s) shall be prepaid and subject to reimbursement. The transportation cost shall be shown as a separate item on the invoice. If shipping charges exceed $100.00, they must be supported by a freight bill, a copy of which must accompany the invoice. Parcel Post shipment requires a notation on the invoice giving the mail rate and parcel zone. 52.217-7 Option for Increased Quantity-Separately Priced Line Item (MAR 1989) The Government may require the delivery of a numbered (additional) line item, identified in the schedule, in the quantity and at the price stated in the schedule. Via Modification to the contract, the Contracting Officer may exercise the option by written notice to the Contractor within one year from __11/30/2020 to __11/30/2021. Delivery of added item shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree. (End of clause) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. As prescribed in 12.301(b)(4), insert the following clause: CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL ITEMS (OCT 2020) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91). (3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232). (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015). (5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUNE 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509)). (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020)(Pub. L. 109-282) (31 U.S.C. 6101 note). [Applies $30K+] (5) [Reserved]. (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C). (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L.111-117, section 743 of Div. C). (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101note). [Applies $35K+] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313). (10) [Reserved]. (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C.657a). (ii) Alternate I (MAR 2020) of 52.219-3. (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). (ii) Alternate I (MAR 2020) of 52.219-4. (13) [Reserved] (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020) (15 U.S.C.644). [Applies $10K+] (ii) Alternate I (MAR 2020) of 52.219-6. (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (MAR 2020) (15 U.S.C. 644). (ii) Alternate I (MAR 2020) of 52.219-7. (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)). (17) (i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)). (ii) Alternate I (NOV 2016) of 52.219-9. (iii) Alternate II (NOV 2016) of 52.219-9. (iv) Alternate III (JUN 2020) of 52.219-9. (v) Alternate IV (JUN 2020) of 52.219-9. (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)). (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C.637(a)(14)). (20) 52.219-16, Liquidated Damages-Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)). (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f). (22) (i) 52.219-28, Post Award Small Business Program Representation (MAY 2020) (15 U.S.C. 632(a)(2)). (ii) Alternate I (MAR 2020) of 52.219-28. [Applies $10K+] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (MAR 2020) (15 U.S.C. 637(m)). (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar 2020) (15 U.S.C. 637(m)). (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)). (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)). (27) 52.222-3, Convict Labor (JUN 2003) (E.O.11755). [Supplies Only] (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2020) (E.O.13126) [Supplies Only] (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015). [Applies $10K+ if 52.222-26 applies] (30) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246). [Applies $10K+ unless work is outside U.S.] (ii) Alternate I (FEB 1999) of 52.222-26. (31) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212). (ii) Alternate I (JUL 2014) of 52.222-35. (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C.793). [Applies $15K+] (ii) Alternate I (JUL 2014) of 52.222-36. (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212). (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). (35) (i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627). (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter78 and E.O. 13627). (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693). (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693). (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514). (ii) Alternate I (OCT 2015) of 52.223-13. (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514). (ii) Alternate I (Jun 2014) of 52.223-14. (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b). (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514). (ii) Alternate I (JUN 2014) of 52.223-16. (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513). (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693). (46) 52.223-21, Foams (Jun 2016) (E.O. 13693). (47) (i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a). (ii) Alternate I (JAN 2017) of 52.224-3. (48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83). [Supplies Only] (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. [Supplies Only] (ii) Alternate I (MAY 2014) of 52.225-3. (iii) Alternate II (MAY 2014) of 52.225-3. (iv) Alternate III (MAY 2014) of 52.225-3. (50) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). [Supplies] (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). [Applies $10K+ unless exemption applies] (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). (55) 52.229-12, Tax on Certain Foreign Procurements (JUN 2020). (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)). (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10 U.S.C.2307(f)). (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT 2018)(31 U.S.C. 3332). (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332). (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C.3332). (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a). (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)). (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). [Ocean Transportation of Supplies] (ii) Alternate I (APR 2003) of 52.247-64. (iii) Alternate II (FEB 2006) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] Reimbursable Transportation for FOB Origin, Freight Prepaid Orders For material that is to be delivered f.o.b. supplier’s plant, shipment to destination(s) shall be prepaid and subject to reimbursement. The transportation cost shall be shown as a separate item on the invoice. If shipping charges exceed $100.00, they must be supported by a freight bill, a copy of which must accompany the invoice. Parcel Post shipment requires a notation on the invoice giving the mail rate and parcel zone. (End of clause) The following references required in Full Text as per FAC 2021-01 Commercial Acquisitions: 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. As prescribed in 32.009-2, insert the following clause: PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) (DEVIATION APR 2020) (a)(l) In accordance with 31 U.S.C. 3903 and 10 U.S.C. 2307, upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract in accordance with the accelerated payment date established, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, with a goal of 15 days after receipt of a proper invoice and all other required documentation from the small business subcontractor if a specific payment date is not established by contract. (2) The Contractor agrees to make such payments to its small business subcontractors without any further consideration from or fees charged to the subcontractor. (b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act. (c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items. (End of clause) 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED E NTITIES (DEVIATION 20-05) (a) Definitions. As used in this clause "Covered article" means any hardware, software, or service that (1) Is developed or provided by a covered entity; (2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or (3) Contains components using any hardware or software developed in whole or in part by a covered entity. "Covered entity" means (1) Kaspersky Lab; (2) Any successor entity to Kaspersky Lab; (3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or (4) Any entity of which Kaspersky Lab has a majority ownership. (b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any covered article. The Contractor is prohibited from (1) Providing any covered article that the Government will use on or after October 1, 2018; and (2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract. (c) Reporting requirement. (1) In the event the Contractor identifies covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report, in writing, via email, to the Contracting Officer, Contracting Officer's Representative, and the Enterprise Security Operations Center (SOC) at NDAA Incidents@hq.dhs.gov, with required information in the body of the email. In the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Enterprise SOC, Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) and Contracting Officer's Representative(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil. (2) The Contractor shall report the following information pursuant to paragraph (c )(1) of this clause: (i) Within 1 business day from the date of such identification or notification: the contract number; the order number( s ), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the report pursuant to paragraph (c) (l) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles. (c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items. (End of clause) 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEVIATION 20-05 Rev 1) (a) Definitions. As used in this clause— “Backhaul” means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet). “Covered foreign country” means The People’s Republic of China. “Covered telecommunications equipment or services” means– (1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); (2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); (3) Telecommunications or video surveillance services provided by such entities or using such equipment; or (4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. “Critical technology” means– (1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations; (2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled- (i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or (ii) For reasons relating to regional stability or surreptitious listening; (3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities); (4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material); (5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or (6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817). “Interconnection arrangements” means arrangements governing the physical connection of two or more networks to allow the use of another’s network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources. “Reasonable inquiry” means an inquiry designed to uncover any information in the entity’s possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit. “Roaming” means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high. “Substantial or essential component” means any component necessary for the proper function or performance of a piece of equipment, system, or service. (b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. (2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L....